Colorado § 43-4-612 - Referendum.

§ 43-4-612. Referendum.

(1) (a) No action by an authority to establish or increase any tax authorized by this part 6 shall take effect unless first submitted to a vote of the registered electors of that portion of the combination or that portion of the territory in which a transportation planning organization is authorized to exercise the powers of an authority in which the tax is proposed to be collected.

(b) The effective date of any sales or use tax adopted under this part 6 must be either January 1 or July 1 following the date of the election in which the sales or use tax is approved, and the board shall notify the executive director of the department of revenue of the adoption of a sales or use tax proposal at least forty-five days prior to the effective date of the tax. If a sales or use tax proposal is approved at an election held less than forty-five days prior to the January 1 or July 1 following the date of the election, the tax shall not be effective until the next succeeding January 1 or July 1.

(2) No action by an authority creating a multiple fiscal year debt or other financial obligation that is subject to section 20 (4)(b) of article X of the state constitution shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority; except that no such vote is required for obligations of regional transportation activity enterprises established under section 43-4-606 or for obligations of any other enterprise under section 20 (2)(d) of article X of the state constitution.

(3) The questions proposed to the registered electors under subsections (1) and (2) of this section shall be submitted at a general election or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections, and the county clerk and recorder of each county in which the election is conducted shall assist the authority in conducting the election. The authority shall pay the costs incurred by each county in conducting such an election. No moneys of the authority may be used to urge or oppose passage of an election required under this section.

Source: L. 97: Entire part added, p. 495, § 1, effective August 6. L. 2005: (2) amended, p. 1068, § 12, effective January 1, 2006. L. 2021: (1) amended, (SB 21-260), ch. 250, p. 1436, § 41, effective June 17.

Cross references: For the legislative declaration contained in the 2005 act amending subsection (2), see section 1 of chapter 269, Session Laws of Colorado 2005. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.